2Center for American Progress | Clearly Constitutional
Neverheless, opponens o he Aordable Care Ac claim ha a person who doesno buy healh insurance is no engaged in any economic “aciviy” and hereorecanno be compelled o perorm an undesired ac. Even i hese opponens werecorrec ha he uninsured are no acive paricipans in he healh care mar-ke—and hey are acive, o course, every ime hey become ill and seek medicalcare—nohing in he Consiuion suppors his novel heory. Indeed, his heory appears o have been invened solely or he purpose o his liigaion. Congresshas enaced counless laws which would be orbidden under his exra-consiu-ional heory:
Presiden George Washingon signed a law ha required much o hecounry o purchase a rearm, ammuniion, and oher equipmen in case hey needed o be called up or miliia service. Many o he members o Congress who voed or his mandae were members o he Philadelphia Convenion ha wroe he Consiuion.
Te Civil Righs Ac o 1964 compelled business owners o engagein ransacions hey considered undesirable—hiring and oherwise doing busi-ness wih Arican Americans.
Te Aordable Care Ac is no even he only ederal law requiring someone o carry insurance. Te Price-Anderson Ac o 1957 requiresnuclear power plans o purchase liabiliy insurance and he Flood DisaserProecion Ac requires many homeowners o carry ood insurance.
Oher laws require individuals o perorm jury service, le ax reurns, and regiser or selecive service.
The minimum coverage provision is the keystone that holds theAffordable Care Act together
Te Consiuion also gives Congress he power “o make all laws which shall benecessary and proper or carrying ino execuion” is power o regulae inersaecommerce. As Supreme Cour Jusice Anonin Scalia explains, his means ha“where Congress has he auhoriy o enac a regulaion o inersae commerce, ipossesses every power needed o make ha regulaion eecive.”Te ac eliminaes one o he insurance indusry’s mos abusive pracices—deny-